Right to Information Act Part-1

What is RTI? 

RTI stands for Right to Information. Right to Information is a part of fundamental rights under Article 19(1) of the Constitution. Article 19 (1) says that every citizen has freedom of speech and expression. As early as in 1976, the Supreme Court said in the case of Raj Narain vs State of UP, that people cannot speak or express themselves unless they know. Therefore, right to information is embedded in article 19. In the same case, Supreme Court further said that India is a democracy. People are the masters. Therefore, the masters have a right to know how the governments, meant to serve them, are functioning. Further, every citizen pays taxes. Even a beggar on the street pays tax (in the form of sales tax, excise duty etc) when he buys a piece of soap from the market. The citizens therefore, have a right to know how their money was being spent. These three principles were laid down by the Supreme Court while saying that RTI is a part of our fundamental rights.

If RTI is a fundamental right, then why do we need an Act to give us this right? 

This is because if you went to any Government Department and told the officer there, “RTI is my fundamental right, and that I am the master of this country. Therefore, please show me all your files”, he would not do that. In all probability, he would throw you out of his room. Therefore, we need a machinery or a process through which we can exercise this fundamental right. Right to Information Act 2005, which became effective on 13th October 2005, provides that machinery. Therefore, Right to Information Act does not give us any new right. It simply lays down the process on how to apply for information, where to apply, how much fees etc.

When did RTI Act come into force? 

The Central Right to Information Act came into force on the 12th October, 2005. However, before that 9 state Governments had passed state Acts. These were J & K, Delhi, Rajasthan, Madhya Pradesh, Maharashtra, Karnataka, Tamil Nadu, Assam & Goa.

What rights are available under RTI Act 2005? 

Right to Information Act 2005 empowers every citizen to

• Ask any questions from the Government or seek any information
• Take copies of any government documents
• Inspect any government documents.
• Inspect any Government works
• Take samples of materials of any Government work.

Who is covered under RTI? 

The Central RTI Act extends to the whole of India except the State of Jammu and Kashmir. All bodies, which are constituted under the Constitution or under any law or under any Government notification or all bodies, including NGOs, which are owned, controlled or substantially financed by the Government are covered.

What is “substantially financed”? 

This is neither defined under RTI Act nor under any other Act. So, this issue will evolve with time, maybe through some court orders etc.

Are Private bodies covered under the RTI Act? 

All private bodies, which are owned, controlled or substantially financed by the Government are directly covered. Others are indirectly covered. That is, if a government department can access information from any private body under any other Act, the same can be accessed by the citizen under the RTI Act through that government department.

Isn’t Official Secrets Act 1923 an obstacle to the implementation of RTI Act? 

No. Sec 22 of the RTI Act 2005 clearly says that RTI Act would over ride all existing Acts including Officials Secrets Act.

Can the PIO refuse to give me information? 

A PIO can refuse information on 11 subjects that are listed in section 8 of the RTI Act. These include information received in confidence from foreign governments, information prejudicial to security, strategic, scientific or economic interests of the country, breach of privilege of legislatures, etc. 

There is a list of 18 agencies given in second schedule of the Act to which RTI Act does not apply. However, they also have to give information if it relates to matters pertaining to allegations of corruption or human rights violations.

Does the Act provide for partial disclosure? 

Yes. Under Section 10 of the RTI Act, access may be provided to that part of the record which does not contain information which is exempt from disclosure under this Act.

Can access be denied to file notings? 

No. File notings are an integral part of the government file and are subject to disclosure under the Act. This has been clarified by the Central Information Commission in one of its orders on 31st Jan 2006.

How to use Right to Information 

How do I locate the full Act? 

The full Act in Hindi and English is available on the website of Department of Personnel and Trainingwww.persmin.nic.in. It is also available on this website.

Who will give me information? 

One or more existing officers in every Government Department have been designated as Public Information Officers (PIO). These PIOs act like nodal officers. You have to file your applications with them. They are responsible for collecting information sought by you from various wings of that Department and providing that information to you. In addition, several officers have been appointed as Assistant Public Information Officers (APIOs). Their job is only to accept applications from the public and forward it to the right PIO.

Where do I submit application?

You can do that with the PIO or with APIO. In the case of all Central Government Departments, 629 post offices have been designated as APIOs. This means that you can go to any of these post offices and submit your fee and application at the RTI counter in these post offices. They will issue you a receipt and acknowledgement and it is the responsibility of that post office to deliver it to the right PIO. The list of these post offices is given at http://www.indiapost.gov.in/rtimanual16a.html

Is there any fee? How do I deposit that?

Yes, there is an application fee. For Central Government Departments, it is Rs 10. However, different states have prescribed different fee. For details see rules framed by the states on this website. For getting information, you have to pay Rs 2 per page of information provided for Central Government Departments. It is different for different states. Similarly, there is a fee for inspection of documents. There is no fee for first hour of inspection, but after that, you have to pay Rs. 5 for every subsequent hour or fraction thereof. This is according to Central Rules. For each state, see respective state rules. You can deposit fee wither in cash or through a DD or bankers cheque or postal order drawn in favor of that public authority. In some states, you can buy court fee stamps and affix it on your application. This would be treated as if you have deposited the fee. You can then deposit your application either by post or by hand.

What should I do if the PIO or the concerned Department does not accept my application?

You can send it by post. You should also make a formal complaint to the respective Information Commission under section 18. The Information Commissioner has the power to impose a penalty of Rs 25000 on the concerned officer who refused to accept your application.

Is there an application form for seeking information?

For Central Government Departments, there is no form. You should apply on a plain sheet of paper like an ordinary application. However, many states and some ministries and departments have prescribed formats. You should apply in these formats. Please read rules of respective states to know

How can I apply for information? 

Draft your application on a normal sheet of paper and submit it by post or in person to the Public Information Officer (PIO). [Remember to keep a copy of the application for your personal reference]

How can I deposit my application fee? 

Every state has a different mode of payment for application fee. Generally, you can deposit your application fee via:

• In person by paying cash [remember to take your receipt]
• By Post through:

• Demand Draft
• Indian Postal Order
• Money orders (only in some states)
• Affixing Court fee Stamp (only in some states)
• Banker’s cheque

• Some state governments have prescribed some head of account. You are required to deposit fee in that account. For that, you can either go to any branch of SBI and despoist cash in that account and attach deposit receipt with your RTI application. Or you can also send a postal order or a DD drawn in favour of that account alongwith your RTI application.

Please see respective state rules for complete details.

Right To Education in India

• Every child between the ages of 6 to 14 years has the right to free and compulsory education. This is stated as per the 86th Constitution Amendment Act added Article 21A. The right to education act seeks to give effect to this amendment
• The government schools shall provide free education to all the children and the schools will be managed by school management committees (SMC). Private schools shall admit at least 25% of the children in their schools without any fee.
• The National Commission for Elementary Education shall be constituted to monitor all aspects of elementary education including quality.

 

History Of Right To Education Act:-

December 2002

86th Amendment Act (2002) via Article 21A (Part III) seeks to make free and compulsory education a Fundamental Right for all children in the age group 6-14 years.

October 2003

A first draft of the legislation envisaged in the above Article, viz., Free and Compulsory Education for Children Bill, 2003, was prepared and posted on this website in October, 2003, inviting comments and suggestions from the public at large.

2004

Subsequently, taking into account the suggestions received on this draft, a revised draft of the Bill entitled Free and Compulsory Education Bill, 2004, was prepared and posted on the http://education.nic.in website.

June 2005

The CABE (Central Advisory Board of Education) committee drafted the ‘Right to Education’ Bill and submitted to the Ministry of HRD. MHRD sent it to NAC where Mrs. Sonia Gandhi is the Chairperson. NAC sent the Bill to PM for his observation.

14th July 2006

The finance committee and planning commission rejected the Bill citing the lack of funds and a Model bill was sent to states for the making necessary arrangements. (Post-86th amendment, States had already cited lack of funds at State level)

19th July 2006

CACL, SAFE, NAFRE, CABE invited ILP and other organizations for a Planning meeting to discuss the impact of the Parliament action, initiate advocacy actions and set directions on what needs to be done at the district and village levels.

Provides for free and compulsory education to all children of the age of six to fourteen years

Read more at: http://www.icbse.com/right-to-education-act

Provides for free and compulsory education to all children of the age of six to fourteen years

Read more at: http://www.icbse.com/right-to-education-act

Youth Rights and Responsibility Part IV

National Youth Policy 2003

PREVILIDGE OF YOUTH :

The Policy acknowledges that the youth of the country should be assured of the following:

a. Appropriate education and training which enables them to render themselves socially useful and economically productive;

b. Gainful employment and adequate opportunities for personal development and advancement for those not currently in employment;

c. Requisite shelter and a clean environment, as also basic health services of quality;

d. Social deference and protection from all manner of exploitation;

e. Suitable participation in decision-making bodies which are concerned with issues relating to the youth and with socioeconomic and cultural matters;

f. Sufficient allocation of public funds for youth development;

g. Access to Sports, Physical Education, Adventure and Recreational opportunities.

RESPONSIBILITIES OF YOUTH

The Policy exhorts the youth to fulfill their responsibilities, as are enumerated below:

• To contribute to sectoral, family and self development and to promote social and inter-generation understanding and gender equality;

• To extend respect to teachers and elders, parents and the family, in consonance with our cultural norms and traditions;

• To uphold the unity and integrity of the Nation, maintain peace and harmony, observe Fundamental Duties and respect the Fundamental Rights and Freedoms guaranteed under the Constitution to all sections of the people;

• To respect others’ faiths and beliefs in the religious, cultural and social spheres and to different schools of thought and to neither exploit nor be instrumental in the exploitation of fellow citizens and other persons, especially women;

• To promote appropriate standards of ethical conduct in individual and social life, to maintain honesty and integrity of character and be committed to fight against all forms of corruption, social evils and practices.

• To preserve and protect the Environment

• To commit themselves to create a discrimination and exploitation free environment and to devote their time and energy in nation building activities.

Youth Rights and Responsibilities Part III

National Youth Policy 2003

4. THURST AREAS OF THE POLICY :

Youth empowerment: The Policy recognizes that in order for the youth to effectively participate in decision making processes, it is essential that they are better equipped with requisite knowledge, skills and capabilities. Towards this end, the Policy envisions the following:

(a) Attainment of higher educational levels and expertise by the youth, in line with their abilities and aptitudes, and access to employment opportunities accordingly.

(b) Adequate nutrition for the full development of physical and mental potential and the creation of an environment which promotes good health, and ensures protection from disease and unwholesome habits.

(c) Development of youth leadership and its involvement in programmes and activities pertaining to National Development.

(d)Equality of opportunity and respect for Human and Fundamental Rights without distinction of race, caste, creed, sex, language, religion or geographic location and access to facilities relating to Sports, Cultural, Recreational and Adventure activities.

Gender Justice: The Policy recognizes the prevailing gender bias to be the main factor responsible for the poor status of health and economic well-being of women in our society and that any discrimination on grounds of sex violates the basic rights of the individual concerned and it, therefore, stands for the elimination of gender discrimination in every sphere. The Policy enunciates that:

a. Every girl child and young woman will have access to education and would also be a primary target of efforts to spread literacy.

b. Women will have access to adequate health services (including reproductive health programmes) and will have full say in defining the size of the family.

c. Domestic violence will be viewed not only as violation of women’s freedom but also as that of human rights.

d. All necessary steps should be taken for women’s access to decision-making process, to professional positions and to productive resources and economic opportunities.

e. Young men, particularly the male adolescents shall be properly oriented, through education and counseling to respect the status and rights of women.

The Policy further enunciates that:

a. Action would be pursued to eliminate all forms of discrimination in respect of the girl child, negative cultural attitudes and practices against women, discrimination against women in education, skill development and training, and the socio-economic exploitation of women, particularly young women.

b. Concerted efforts will be made to promote a family value system that nurtures a closer bond between men and women, and ensures equality, mutual respect and sharing of responsibility between the sexes.

Inter-Sectoral Approach: The Policy recognizes that an inter-sectoral approach is a pre-requisite for dealing with youth-related issues. It, therefore, advocates the establishment of a coordinating mechanism among the various Central Government Ministries and Departments and between the Central and State Governments, and the community based organisations and youth bodies for facilitating convergence in youth related schemes, developing integrated policy initiatives for youth programmes and for reviewing on-going activities / schemes to fill in gaps and remove unnecessary duplication and overlap.

Information & Research Network: Youth development efforts in India have been hampered by lack of adequate information and research base. The Policy, therefore, suggests the establishment of a well organized Information & Research Network in regard to various areas of concern to the youth to facilitate the formulation of focused youth development schemes and programmes. The Rajiv Gandhi National Institute of Youth Development (RGNIYD) will serve as the apex Information and Research Centre on youth development issues. The National Youth Center and the State Youth Centres will also serve as store houses of information for the youth. At the micro level, the Youth Development Centers under the NYKs will be equipped to serve as information centers for the local youth.

Contd..... In Next Blog post...

Youth Rights and Responsibilities Part II

National Youth Policy 2003

3.THE DEFINITION OF YOUTH

This Policy will cover all the youth in the country in the age group of 13 to 35 years. It is acknowledged that since all the persons within this age group are unlikely to be one homogenous group, but rather a conglomeration of sub-groups with differing social roles and requirements, the age group may, therefore, be divided into two broad sub-groups viz. 13-19 years and 20-35 years. The youth belonging to the age group 13-19, which is a major part of the adolescent age group, will be regarded as a separate constituency.

The number of youth in the age group of 13-35 years, as per the 1991 Census, was estimated at about 34 crores, and about 38 crores in 1997, which is anticipated to increase to about 51 crores by the year 2016. The percentage of youth in the total population, which, according to the 1996 Census projections, is estimated to be about 37% in 1997, is also likely to increase to about 40% by the year 2016. The availability of a human resource of such magnitude for achieving socio-economic change and technological excellence needs commensurate infrastructure and suitable priorities to maximize its contribution to National Development.

4. OBJECTIVE

The objectives of the National Youth Policy are:

• To instil in the youth, at large, an abiding awareness of, and adherence to, the secular principles and values enshrined in the Constitution of India, with unswerving commitment to Patriotism, National Security, National Integration, Non-violence and Social Justice;

• To develop Qualities of Citizenship and dedication to Community Service amongst all sections of the youth;

• To promote awareness, amongst the youth, in the fields of Indian history and heritage, arts and culture;

• To provide the youth with proper educational and training opportunities and to facilitate access to information in respect of employment opportunities and to other services, including entrepreneurial guidance and financial credit;

• To facilitate access, for all sections of the youth, to health information and services and to promote a social environment which strongly inhibits the use of drugs and other forms of substance abuse, wards off disease (like HIV/AIDS), ensures measures for de-addiction and mainstreaming of the affected persons and enhances the availability of sports and recreational facilities as constructive outlets for the abundant energy of the youthl;

• To sustain and reinforce the spirit of volunteerism amongst the youth in order to build up individual character and generate a sense of commitment to the goals of developmental programmes;

• To create an international perspective in the youth and to involve them in promoting peace and understanding and the establishment of a just global economic order;

• To develop youth leadership in various socio-economic and cultural spheres and to encourage the involvement of Non-Governmental Organizations, Co-operatives and Non-formal groups of young people; and

• To promote a major participatory role for the youth in the protection and preservation of nature, including natural resources, to channelise their abundant energies in community service so as to improve the environment and foster a scientific, inquisitive reasoning and rational attitude in the younger generation and to encourage the youth to undertake such travel excursions as would better acquaint them with cultural harmony, amidst diversity, in India, and overseas.